Contractor Defense Attorney in San Jose, California

If you are a construction industry contractor in the Golden State, the Contractors State License Board (CSLB) is the government agency that oversees your activities and fields complaints from consumers and others who rely on you for work on real property, whether it be home building, improvement, maintenance, or repair. It is also the licensing agency. 

The CSLB has enforcement powers over you whether you are a licensed or unlicensed contractor, and its jurisdiction extends up to four years from the date of a suspected illegal act or omission, or 10 years if the suspected legal act or omission concerns latent structural defects. 

In response to a complaint, the CSLB can issue a warning letter, a citation, or an accusation. In some cases, it can even refer the matter to criminal prosecution or seek injunctive relief in criminal court. When you’re notified of a suspected violation, you need to take action. Don’t throw the CSLB letter aside and figure it will clear itself up. When it comes time to renew your contractor’s license, any previous violations could pose great difficulty for you. 

If you’re a contractor in or around San Jose, California, and you have a pending violation, or a previous action is posing challenges to the renewal of your license, contact Mosaic Law, P.C.  Our contractor defense attorneys can help you resolve the situation and keep your license active so you can continue doing business in your chosen profession. 

Mosaic Law, P.C. proudly serves clients and their businesses in San Jose and throughout South County, Santa Clara Valley, and the Santa Cruz Mountains.

Common Type of
Construction Violations 

There are more than 30 violations set forth under the California Business and Professions Code (B&P Code) that the Contractors State License Board enforces. These include but are not limited to: 

• Abandonment of a project without a legal reason 

• Willful departure from accepted trade standards or plans and specifications 

• Violation of any safety provision under the Labor Code resulting in serious injury or death 

• Willful or deliberate disregard of building, safety, labor, workers’ compensation, or employment laws 

• Failing in a material aspect to complete a construction project or operation for the price stated in the contract or a modification of the contract 

• Acting as a contractor with an inactive, suspended, or expired license 

Responses by the CSLB
to Suspected Violations 

A warning letter may be issued by the CSLB if the contractor has no past history of violations and the suspected violation is not considered egregious. The warning letter becomes part of the contractor’s record. 

A citation is a more serious response and generally includes a civil financial penalty and restitution to correct deficiencies or pay for damages. A contractor has 15 days to give notice to the board of the intention to appeal the citation. A hearing will then be scheduled. 

If the contractor fails to appeal, the citation becomes final and the contractor will be given an automatic license suspension for 30 days. If the contractor fails to comply with the citation within the next 90 days, their license may be automatically revoked. 

An accusation is the most serious response by the CSLB and is similar to a complaint filed in superior court. An accusation is used to seek the suspension or revocation of your contractor’s license. You have 15 days to file a notice of defense. 

The matter is then heard before an Administrative Law Judge (ALJ). The hearing before the ALJ is similar to a civil trial but with somewhat looser rules of evidence, including the admission of hearsay evidence. Once the ALJ issues a decision, you have 30 days to seek a reconsideration before the decision becomes final. Remember that any violation you are cited for will appear under your business name for the next five years on the CSLB website, and potential customers can review your track record before agreeing to use your services. 

The Importance of Skilled Counsel 

If you’re a contractor, you need to take these letters—warnings, citations, or accusations— extremely seriously. If you do not respond, your very livelihood could be at stake. Both a citation and an accusation carry the potential for your license to be suspended or even revoked. At the very least, the public will be able to view your violation record online, jeopardizing your future business prospects. You need to seek the professional counsel and representation of an experienced construction attorney immediately if you face CSLB action.